Key Benefits:
THE REPUBLIC OF INDONESIA NEWS
No. 2125, 2016 FRANKKUMHAM. Gratification control. Repeal.
LAW AND HUMAN RIGHTS MINISTER REGULATION
REPUBLIC OF INDONESIA
NUMBER 58 IN 2016
ABOUT
CONTROL OF THE GRATIFICATION
IN THE MINISTRY OF LAW AND HUMAN RIGHTS
WITH THE GRACE OF GOD ALMIGHTY
THE MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,
DRAWS: A. that the host of a clean and free country
corruption, collusion and nepotism in the Ministry's environment
The Law and Human Rights constitute a form
the integrity of the employees in carrying out tasks and functions
governance;
b. that to optimize the execution of control
gratification in the Ministry of Law and Rights
Human Rights needs to be set up for the Controlling Unit
Gratification in each working unit;
c. that the Regulation of the Minister Law and Human Rights
No. 15 Year 2014 on Gratification Control
in the Environment of the Ministry of Law and Rights
Humans are no longer in compliance with the development
and the legal needs so that it needs to be replaced;
d. that based on consideration as
referred to in letters a, the letter b, and the letter c, need
set the Regulation of the Minister of Law and Human Rights
Humans on the Control of the Gratification in the Environment
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The Ministry of Law and Human Rights;
Given: 1. Law No. 28 of 1999 on
The Clean and Free State of the
Corruption, Colusion and Nepotism (State Sheet
The Republic Of Indonesia In 1999 Number 75, Additional
The Republic Of State Sheet Indonesia Number 3851);
2. Law No. 31 Year 1999 on
Eradication Of Criminal Corruption (State Sheet
Republic Indonesia Year 1999 Number 140, Additional
sheet of State of Indonesia Number 3874)
as amended with the Act
Number 20 of 2001 on Changes to the Invite-
Invite Number 31 Year 1999 on Eradication
Corruption Felony (Republican Sheet
Indonesia In 2001 Number 134, Additional Sheets
State of the Republic of Indonesia Number 4150);
3. Law No. 39 of 2008 on
Ministry of State (Republican Gazette
Indonesia In 2008 Number 166, Extra Sheet
State of the Republic of Indonesia Number 4916);
4. Presidential Act No. 44 of 2015 on
Ministry of Law and Human Rights (Sheet
State of the Republic of Indonesia of 2015 No. 84);
5. Regulation of the Minister of Law and Human Rights Number
28 of 2014 on the Organization and Work Office
Territories of the Ministry of Law and Human Rights
(Indonesian State News of 2014 Number
1698);
6. Regulation of the Minister of Law and Human Rights Number
29 Years 2015 on Organization and Work
Ministry of Law and Human Rights Republic
Indonesia (Republic of Indonesia State News 2015
Number 1473) as has been amended with
Regulation of the Minister of Law and Human Rights Number
6 Years 2016 on Changes to the Minister ' s Regulations
Human Rights and Human Rights Number 29 Year 2015
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2016, No. 2125 -3-
about the Organization and the Working Office of the Ministry of Law
and the Human Rights of the Republic of Indonesia (News
State of the Republic of Indonesia 2016 No. 186);
DECIDED:
Establits: RULES OF MINISTER OF LAW AND HUMAN RIGHTS
ABOUT THE GRATIFICATION CONTROL IN THE ENVIRONMENT
THE MINISTRY OF LAW AND HUMAN RIGHTS.
BAB I
provisions of UMUM
Article 1
In Regulation of this Minister referred to:
1. Gratification is given in broad sense, the money,
goods, rabat (discount), commissions, non-interest loans,
travel tickets, lodging facilities, travel tours,
free treatment, and other facilities, either that
is accepted in the country or abroad, which
is done using electronic means or
with no electronic means.
2. The subsequent Gratification Control Unit is abbreviated
UPG is the managing unit of Gratification.
3. A unit of work is the power of the budgeting/power user
user of the goods which is part of a unit
organization on the ministry/agency that
carries out 1 (one) or some activities of an
program.
4. Employees in the Ministry of Law and Rights
The next Human Human Rights Act is
civil servants who are appointed by the officials
staffing and duty in a post
government or other state assignments and
on the basis of laws.
5. Third parties are individuals and legal entities
outside the Ministry of Law and Human Rights that
interact and cooperate with the Ministry
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The Law and Human Rights included but not
is limited to the recipient of the services, suppliers, and agents.
6. The pronunciation is the employee who delivered the top report
The reception and rejection of the Gratification.
7. The Minister is the minister who organizes affairs
governments in the field of law and human rights.
8. The Inspector General is the Inspector General
The Ministry of Law and Human Rights.
9. Inspectorate General is the General Inspectorate
Ministry of Law and Human Rights.
10. The next Corruption Eradication Commission
(KPK) is the state agency in
carrying out its duties and authority
independent and free of power influence
anywhere.
11. Impact of Interests is a situation where employees
have or should be expected to have an influence
personal interests/other parties against any
use of authority so that it can affect
quality Employee engagement and/or employee actions appropriate
with the authority.
12. A General applies is a given condition that
applies equally in terms of type, form, requirement
or value, for all participants and meets the principle
of the moderation or propriety.
13. Kedinasan is the entire official activity of the employee who
is related to the execution of duties and functions as well as
in office.
14. Day is a work day.
BAB II
THE SCOPE OF GRATIFICATION
Article 2
Gratification includes:
a. Mandatory gratification reported; and
b. Unconscripted Gratification reported;
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Article 3
The mandatory Gratification is reported as intended
in Section 2 of the letter a Gratification received
by the employee in connection with his post and/or
contrary to the duties or duties in the task
The dismay or beyond the duty of the diners.
Article 4
(1) the unconscripted Gratification is reported as
referred to in Article 2 of the letter b, consists of:
a. associated with the task of Kedinasan; and
b. not related to Kedinasan.
(2) The Gratification associated with the task of Kedinasan
as referred to in paragraph (1) of the letter a cover:
a. Cinderamata
in official activities such as meetings,
seminars, workshops, conferences, training, or
other activities of the same type; and
b. Third Party grants that are compensation
received related activities, such as
honorarium, transport, accommodation, and
other financing as set in
regulatory provisions.
regarding the standard applicable fees in the instance
recipient, as long as there is no financing
double, no conflict of interest, or
does not violate applicable provisions in
The Ministry of Law and Human Rights.
(3) The Gratification is not related to the duties of Kedinasan
as referred to in paragraph (1) the letter b includes:
a. gifts due to the family relationship, namely
kakek/grandmother, father/mother-in-law, husband/wife,
child/daughter-in-law, granddaughter, besan, uncle/aunt,
sister/sister/sister/sister/sister-in-law, cousin, and nephew throughout
have no conflict of interest;
b. gifts in the form of money, services, or goods that
have a selling value in the order of a wedding party,
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birth, aqiqah, baptism, khitanan, and cut of the tooth,
or other customary/religious ceremonies with the limitation
the overall value of most Rp1,000.00
(one million rupiah) per grant per people;
c. related disaster or disaster
experienced by employees or
fathers/ibu/istri/children from employees
Country/Host Country with value constraint
most of the Rp1,000.000.00 (one
million rupiah) per person given;
d. Employee grant in order to split
please welcome, retire, post promotion, and birthday
which is not in the most money
Rp300.000.00 (three hundred thousand rupiah) per grant
per person with total giving Rp1,000.00
(one million rupiah) in 1 (one) year of the same
giver;
e. direct gift/undrawn, draw-out prize,
discount/rabat, vouchers, point rewards, souvenirs, or
other prizes in common;
f. a common dish or serving dish;
g. Academic or non-academic achievements followed
by using their own expenses such as
championships, races or competitions;
h. benefits or interest from the fund placement,
investment, or private shareholding that
is common; and/or
i. Compensation or earnings of the outside profession
Not related to the execution
the duties and functions of the Employee and have
obtain written permission from the direct supervisor or
other authorized authorities who are authorized to use the IBM Cloud Service.
does not have
conflicts of interest and does not violate the rules
internal agency employees.
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BAB III
UPG
Article 5
(1) The Gratification Control in the Ministry environment
The Law and Human Rights are exercised by
Minister.
(2) The task and function of the UPG Ministry of Law and Rights
Human Human Rights is exercised by the General Inspectorate
in accordance with its authority.
(3) UPG consists of:
a. Central UPG; and
b. UPG Working Unit.
(4) The Central UPG as referred to in paragraph (3) the letter a
as its coordinator is based on the Inspectorate
General and is responsible to the Minister through
Inspector General.
(5) UPG Working Unit as referred to in paragraph (3)
letter b is specified by the Head of the Working Unit and
is responsible to the Central UPG.
Section 6
The Central UPG as referred to in Section 5 of the paragraph (3)
letter a has a task:
a. accepting and coordinating the implementation
reporting of Gratification control in the environment
Ministry of Law and Human Rights;
b. relay the quarterly report of Gratification Control
of each of the Working Units to the Minister through
Inspector General;
c. carry out coordination and consultation with KPK
on behalf of the Minister in execution control
Gratification; and
d. performing monitoring and evaluation of execution
Gratification control.
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Article 7
UPG Working Unit as referred to in Section 5 of the paragraph
(3) the letter b consists of:
a. UPG Main Unit;
b. UPG Region Offices; and
c. UPG Technical Managing Unit.
Section 8
(1) The membership element UPG Main Unit and Area Office
as referred to in Article 7 of the letter a and the letter
consists of:
a. The speaker is captured by a member;
b. co-chair of the co-chair; and
c. member.
(2) UPG Chairperson as referred to in paragraph (1) the letter a
is held by the head of the Working Unit.
(3) The UPG Deputy Speaker as referred to in paragraph (1)
the letter b is held by the administrator official.
(4) UPG members as referred to in paragraph (1) letter
c at least 5 (five) people of the element
administration official.
Section 9
(1) The UPG Technical Unit membership element
as referred to in Article 7 of the letter c consists of
above:
a. The speaker is captured by a member;
b. co-chair of the co-chair; and
c. member.
(2) UPG Chairperson as referred to in paragraph (1) the letter a
is held by the head of the Working Unit.
(3) The Vice Chairman of UPG as referred to in paragraph (1)
the letter b is held by the administration official.
(4) Member UPG as referred to in paragraph (1) letter
c at least 5 (five) people who come from the element
administration official.
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Article 10
UPG The Working Unit has a task:
a. providing information and related data on the development
Gratification control system as management
tools for the agency leadership;
b. received reports of the Gratification and perform
the completion of the Gratification report;
c. mereviu the report of the Gratification delivered the por;
d. requested information to report in the
is required;
e. define and provide recommendations for
handling and utilization of Gratification that is not
considered bribery related to dismay;
f. receive the Gratification items from the recipient who
has obtained a status assignment and
forwarded it to KPK or directly to
Directorate General of the Country or Office
Region/Representative Directorate Wealth General
Country and deliver proof of submission of goods
to KPK;
g. follow up on the recommendation of the Central UPG or KPK
in terms of the handling and utilization of Gratification;
h. monitoring the follow-up on a recommendation that
provided by the Central UPG or the KPK for utilization
the receipt of the Gratification set to belong
the state or property of the Gratification/recipient;
i. provide a follow-up recommendation to UPG
The center in the event of a violation of the Ministerial Regulation
this by the employee in the working environment is concerned;
j. coordinate with the Central UPG to carry out
the socialization/internalization of the terms of the Gratification and
the application of Gratification controls;
k. conduct coordination and consultation with the Central UPG
in the exercise of Gratification control;
l. convey the recapitulation of the quarterly report
Gratification control to the slowest Central UPG
every 15 (fifteen) the next month; and
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m. performing monitoring and evaluation of execution
Gratification control.
BAB IV
TATA MEANS REPORTING GRATIFICATION
Article 11
(1) The report delivered the Gratification acceptance report
to KPK via UPG The Center or UPG Working Unit.
(2) The report as referred to in paragraph (1) can
delivered in:
a. manual; or
b. electronic
(3) The delivery of the report as referred to in paragraph
(2) the letter a by filling the Gratification form of the KPK.
(4) The delivery of the report as referred to in paragraph
(2) letter b via the official page of the Inspectorate General.
(5) The Gratification Form of the KPK as intended
on the paragraph (3) is listed in the Attachment
is an inseparable part of the Regulation
This minister.
Article 12
(1) The delivery of the report as referred to in
Article 11 must be accompanied:
a. Gratification reporting form; and
b. Gratification photo.
(2) The report as referred to in paragraph (1)
delivered in the longest term of 7 (seven)
the day is calculated from the date of the Gratification acceptance.
(3) The Gratification Form reporting form as meant
on the paragraph (1) the letter a listed in the Attachment
is an inseparable part of the Regulation
This minister.
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Article 13
(1) The Gratification Report as referred to in Section
12 should be noted and revivated by the Central UPG
or the Working Unit UPG.
(2) Reviu as referred to verse (1) includes:
a. verification of the completion of the Gratification report; and
b. the document revivation of the Gratification report.
(3) In terms of required, Central UPG Unit or Workforce UPG
may request a statement to the related reporter
the completion of the report.
(4) The UPG Centre and UPG Unit Result Results Workspace
rekapitulate most reports load:
a. the name and full address of the employee and the giver
Gratification;
b. rank, rank, group, and office of the Employee;
c. and the time of the Gratification reception and time of acceptance;
d. description of type, value, and/or valuation of values
Gratification; and
e. general explanation.
Section 14
(1) The UPG Working Unit delivers a recapitulation of the report
to the KPK via the Central UPG in the timeframe
at least 7 (seven) days counting since the report date
Gratification is accepted.
(2) The Central UPG continues the recapitulation of the report
as referred to in paragraph (1) to the KPK in
the longest term of 7 (seven) days since
the date of the Gratification report is accepted.
Section 15
(1) Liabilities of Gratification submission
and/or goods through UPG Center or UPG Unit
Work or directly to KPK, done
after obtaining the designation of ownership status
Gratification by the KPK Leadership.
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(2) In terms of the designation of the Gratification status as
referred to the paragraph (1) is set to belong to the state,
The report handed the Gratification in time
at least 7 (seven) Days provided as
below:
a. for the money-shaped Gratification, Pereporting
The Gratification money is referred to the Country's Kas account
by passing the proof of the deposit to
KPK or through a KPK account with a gust
to the Central UPG and UPG Working Unit;
b. for the Gratification of goods, PeReport
handing the Gratification goods to:
1. KPK via UPG Central or Workforce UPG;
or
2. Directorate General of Wealth of State or
Office of the Territory/Representative Directorate General
The country's wealth in the goods is located and
conveyted the submission of goods
to KPK or UPG Central and/or UPG
Working Unit.
Article 16
(1) Acceptance of Gratification items
rotten or damaged among other food items
and/or fruits that are feared are expired and difficult
returned to the giver Gratification, can be directly
routed by Pereporting or UPG to poor facir
or social place.
(2) The inclusion of the Gratification reception as
referred to the paragraph (1) is reported to the KPK through
The Central UPG of the Working Unit is accompanied with
the explanation and documentation of the submission.
section 17
(1) Employees who reject Gratification, mandatory
report to the Central UPG or Workforce UPG
to avoid any inherent risk of being at a later
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2016, No. 2125 -13-
days against the parties.
(2) The delivery of the Gratification rejection report as
referred to in paragraph (1) is performed in the term
at most 7 (seven) Days of the date
The Gratification rejection.
(3) The report of the Gratification rejection as intended
on the verse (1) is the least of the following:
a. name and full address of PeReport and the giver
Gratification;
b. phone number PeReport;
c. The office of PeReport Gratification;
d. place and time of the Gratification ' s rejection;
e. rejected Gratification type description and/or value
and an assessment of the Gratification value rejected; and
f. The chronological rejection of the Gratification.
BAB V
provisions CLOSING
Article 18
At the time the Minister's Ordinance came into effect, Regulation
Minister of Law and Human Rights Number 15 Year
2014 on Controlling Catification in the Environment
The Ministry of Law and Human Rights (State News
The Republic of Indoensia in 2014 No. 763), revoked and
stated as not applicable.
Article 19
The Minister ' s Regulation is beginning to apply to The date
is promulred.
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For everyone to know, ordered
the invitational of the Minister's Regulation with its placement
in the Republic of Indonesia News.
Set in Jakarta
on the 29th December 2016
MINISTER FOR LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ttd
YASONNA H. LAOLY
Reundrased in Jakarta
on December 30, 2016
DIRECTOR GENERAL
REGULATIONS LEGISLATION
THE MINISTRY OF LAW AND HUMAN RIGHTS
THE REPUBLIC OF INDONESIA,
ttd
WIDODO EKATJAHJANA
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ATTACHMENT
LAW AND HUMAN RIGHTS MINISTER REGULATION
REPUBLIC OF INDONESIA
NUMBER 58 IN 2016
ABOUT
GRATUITY CONTROL IN THE ENVIRONMENT
MINISTRY OF LAW AND LAW HUMAN RIGHTS
FORM GRATIFICATION
MINISTRY OF LAW AND HUMAN RIGHTS
INSPECTOR GENERAL
UPG-MAIN UNIT
UNIT CONTROL GRATIFICATION
REPORTING GRATIFICATION
Which signed on below this:
Name ${${${${${${${1], {\cf1, and {\cf1 \f1 \
NIP::
The Rank/Group: ${${insert ${${${\b {\cf1 \f1 \" \" \" \" \" \" \" \ ${${${${1, ${${1, ${ :....... B jo Article 16 Law No 30 Year 2002 on the Commission of Eradication
Criminal Corruption and Regulation Law Number 15 Year 2014,
with this report of the catification as stated in the attachment
report this to the unit The management of the Ministry of Law and Human Rights.
The report was made correctly and I was available at-
time called for clarification.
That received the report, PeReports,
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MINISTRY OF LAW AND HUMAN RIGHTS
KANWIL.
UPG-OFFICE OF TERRITORY
GRATUITY CONTROL UNIT
REPORTING GRATIFICATION
Sign below:
Name:.
Place/date of birth:
NIP::
The Rank/Group: ${${insert ${${${\b {\cf1 \f1 \" \" \" \" \" \" \" \ ${${${${1, ${${1, ${ :....... B jo Article 16 Law No 30 Year 2002 on the Commission of Eradication
Criminal Corruption and Regulation Law Number 15 Year 2014,
with this report of the catification as stated in the attachment
report this to the unit The management of the Ministry of Law and Human Rights.
This report is made correctly and I am willing when-
time called for clarification.
Yang received the report, Pebriefing,
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ttd
YASONNA H. LAOLY
www.peraturan.go.id